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Appeals Court Rejects Professor’s Disability-Based Bias Claim

U.S. District Judge J. Phil Gilbert said that Southern Illinois University had made all the reasonable accommodations that Patrick Novak and his psychologist requested.U.S. District Judge J. Phil Gilbert said that Southern Illinois University had made all the reasonable accommodations that Patrick Novak and his psychologist requested.A University of Maryland Eastern Shore professor who was terminated after refusing to undergo a mental health evaluation has lost another round in his suit alleging disability-based discrimination.

The 4th Circuit U.S. Court of Appeals held that UMES offered valid non-discriminatory reasons to request the psychiatric evaluation and later to fire Dr. Leon Coursey based on “a plethora of complaints” from students and faculty colleagues about erratic and inappropriate behavior and violent outbursts.

Coursey joined UMES in 1972 as athletic director and an assistant professor of physical education, according to the decision. He was promoted in 1973 to associate professor and in 2001 to full professor.

In 2004, several female students complained about inappropriate sexual comments, belittlement of students in class, arbitrary grading and favoritism. An internal investigation led to a reprimand and mandatory sexual harassment training.

Three years later, faculty members complained about Coursey’s “erratic and unprofessional behavior, including being overly aggressive with colleagues and disparaging them, often in the presence of students.” They also reported his violations of university travel, class coverage and grading policies.

More student complaints followed. After the department chair summarized their concerns in a memo, a faculty member “overheard Coursey ranting and yelling at his students, telling them ‘I am the highest ranking professor on this campus and no one can touch me.’”

In 2009, the university removed Coursey from campus and suspended him with pay,

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